R v Fryer - [1981] 1 NZLR 748

Criminal law — Murder — Provocation — Fresh evidence — Two accused jointly tried for murder — Whether accused guilty of murder or manslaughter — Nature of the knowledge required to be established under s 167(b) and (d) of the Crimes Act discussed — Whether defence of provocation ought to have been left with the jury — Reasons for Court of Appeal refusing to receive as fresh evidence an affidavit from co-accused — Crimes Act 1961, ss 167(b), 167(d) and 169.